§9-1-2. Definitions.
The following words and terms when used in this chapter have
the meanings indicated unless the context clearly indicates a
different meaning, and any amendment of this section applies to any
verdict, settlement, compromise or judgment entered after the
effective date of the amendments to this section enacted during the
regular session of the Legislature, one thousand nine hundred
ninety-five.

(a) The term "department" means the state division of human
services.

(b) The term "commissioner" means the commissioner of human
services.

(c) The term "federal-state assistance" means and includes:
(1) All forms of aid, care, assistance and services to or on behalf
of persons, which are authorized by, and who are authorized to
receive the same under and by virtue of, subchapters one, four,
five, ten, fourteen, sixteen, eighteen and nineteen, chapter seven,
Title 42, United States Code, as those subchapters have heretofore
been and may hereafter be amended, supplemented and revised by acts
of Congress, and as those subchapters so amended, supplemented and
revised have heretofore been and may hereafter be supplemented by
valid rules and regulations promulgated by authorized federal
agents and agencies, and as those subchapters so amended,
supplemented and revised have heretofore been and may hereafter be
supplemented by rules promulgated by the state division of human services, which division rules shall be consistent with federal
laws, rules and regulations, but not inconsistent with state law;
and (2) all forms of aid, care, assistance and services to persons,
which are authorized by, and who are authorized to receive the same
under and by virtue of, any act of Congress, other than the federal
social security act, as amended, for distribution through the state
division of human services to recipients of any form of aid, care,
assistance and services to persons designated or referred to in (1)
of this definition and to recipients of state assistance, including
by way of illustration, surplus food and food stamps, which
Congress has authorized the secretary of agriculture of the United
States to distribute to needy persons.

(d) The term "federal assistance" means and includes all forms
of aid, care, assistance and services to or on behalf of persons,
which are authorized by, and who are authorized to receive the same
under and by virtue of, any act of Congress for distribution
through the state division of human services, the cost of which is
paid entirely out of federal appropriations.

(e) The term "state assistance" means and includes all forms
of aid, care, assistance, services and general relief made possible
solely out of state, county and private appropriations to or on
behalf of indigent persons, which are authorized by, and who are
authorized to receive the same under and by virtue of, state
division of human services' rules.

(f) The term "welfare assistance" means the three classes of assistance administered by the state division of human services,
namely: Federal-state assistance, federal assistance and state
assistance.

(g) The term "indigent person" means any person who is
domiciled in this state and who is actually in need as defined by
department rules and has not sufficient income or other resources
to provide for such need as determined by the state division of
human services.

(h) The term "domiciled in this state" means being physically
present in West Virginia accompanied by an intention to remain in
West Virginia for an indefinite period of time, and to make West
Virginia his or her permanent home. The state division of human
services may by rules supplement the foregoing definition of the
term "domiciled in this state", but not in a manner as would be
inconsistent with federal laws, rules, and regulations applicable
to and governing federal-state assistance.

(i) The term "medical services" means medical, surgical,
dental and nursing services, and other remedial services recognized
by law, in the home, office, hospital, clinic and any other
suitable place, provided or prescribed by persons permitted or
authorized by law to give such services; the services to include
drugs and medical supplies, appliances, laboratory, diagnostic and
therapeutic services, nursing home and convalescent care and such
other medical services and supplies as may be prescribed by the
persons.

(j) The term "general relief" means cash or its equivalent in
services or commodities expended for care and assistance to an
indigent person other than for care in a county infirmary, child
shelter or similar institution.

(k) The term "secretary" means the secretary of the department
of health and human resources.

(l) The term "estate" means all real and personal property and
other assets included within the individual's estate as defined in
the state's probate law.

(m) The term "services" means nursing facility services, home
and community-based services, and related hospital and prescription
drug services for which an individual received medicaid medical
assistance.

(n) The term "state medicaid agency" means the division of the
department of health and human resources that is the federally
designated single state agency charged with administration and
supervision of the state medicaid program.